Penal Court judges have the right as of today to hand out alternative sentences to prison following approval for the move from the Supreme Judicial Council (SJC). The rulings are only available for judges hearing public prosecutions, and persons sentenced may reject them and elect instead a prison term. Director General of Prisons Ali Bin Hussein Al-Harithy announced the move in an interview with Okaz newspaper, saying that the SJC gave its approval last week, putting an end to a wait of eight years since the idea was first proposed as a way to relieve pressure on the Kingdom's prisons and find punishments deemed to be of greater benefit to the individual and society at large. “Prince Naif, Second Deputy Prime Minister and Minister of Interior, approached King Abdullah with a comprehensive project to lay out the Shariah position on the issue, and it is now entirely in the hands of the judges who we hope will put it into good effect,” Al-Harithy said. Al-Harithy did not specify what form the alternative sentences might take, but said they would be applicable only in first-time offenses and in cases not involving “large crimes”. Private prosecutions, he said, would not be open to alternative sentences. “It is up to individual judges to decide whether the defendant deserves prison or an alternative punishment,” Al-Harithy continued, “but persons convicted may in some cases reject the alternative punishment and choose prison instead. The alternative sentences are not compulsory. We have faith in the abilities of the judges to find the most suitable rulings for the benefit of both individual and society.” “The subject has been thoroughly studied by committees from relevant authorities in Gulf countries and Arab interior ministers,” Al-Harithy added, noting that numerous gatherings and consultation sessions had been held to look at the issue with government groups, judiciary officials, individuals and groups from civil society, and prison inmates themselves. “Alternative sentences are in practice in many countries and have brought positive results,” Al-Harithy said. Al-Harithy further spoke in the interview on issues of concern in the Kingdom's prisons such as prison factories and workshops and finding inmates employment upon release, as well as the dilemma of female prisoners whose guardians refuse to take them back when they complete their sentences. “The Minister of Interior has ordered the setting up of a women's refuge home for female offenders whose guardians won't take them back,” Al-Harithi said. “The home will be run by the Ministry of Social Affairs and offer all the facilities women need to get back on their feet in terms of religious, educational, social and psychological care. The issue is being studied and worked on by the relevant authorities.”
